DHS Publishes Final Rule Changing Certain USCIS Filing Fees and Fee Exemptions

Last Updated

January 31, 2024

On Jan. 4, 2023, The Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) that put forward significant increases to the USCIS fee schedule for those applying for many immigration benefits. On Mar. 10, 2023, CLINIC submitted a Public Comment, expressing opposition to some of DHS’s proposed filing fee increases and changes to certain other immigration benefit request requirements. CLINIC asserted that these changes would deeply impact the communities we and our affiliates serve. DHS published the Final Rule on fees on Jan. 31, 2024. The final rule includes welcome changes from the NPRM.

The Final Rule will take effect on April 1, 2024. Where filing fees are applicable, any benefit request postmarked on or after this date must include the fees established by the Final Rule.

We urge practitioners to review the final changes in filing fees and fee exemptions to identify whether you have clients who may need petitions or applications filed before any significant filing fee increase takes effect. Others may want to wait until April 1, 2024, after any fee decrease or fee exemption takes effect. More information on the final fee rule will be forthcoming from CLINIC. Be sure to subscribe to our email lists to stay informed about this issue and any training opportunities we offer. In the meantime, practitioners may read the USCIS announcement and FAQ regarding the final fee rule.